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State Employees Entitled to Qualified Immunity Where Parent Gives Explicit Consent to Removal of Children
Bambach v. Moegle No. 23-1372 Six Circuit Opinion by Judge McKeague Date Rendered: February 8, 2024 Issue: Whether social worker and supervisor employed by state Children Protective Services can assert qualified immunity as a defense to constitutional violations when removing children from parental custody pending investigation. Father and Mother divorced in 2013. In 2015, Mother…
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United States Court of Appeals for the Sixth Circuit Holds that Foster Parents Lack Liberty Interest in Relationship with Foster Children
Mikel v. Quin United States Court of Appeals for the Sixth Circuit Filed: January 19, 2023 Two foster children were removed from Foster Mother’s home after Foster Mother submitted adoption papers on allegations of emotional abuse. Foster Mother argued that the Department failed to give her notice or an opportunity to be heard before commencing…
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Sixth Circuit Holds No Constitutional Prohibition on State Limitations of Medical Treatments for Minors
Jane Doe 1 v. William Thornbury, Jr. No. 23-5609 Western District of Kentucky at Louisville Decided by Sutton, Chief Judge; White and Thapar, Circuit Judges. Opinion by Sutton, Chief Judge Dissent by White, Judge Date Rendered: September 28, 2023 Issue: Whether the United States Constitution prohibits Kentucky from limiting certain sex-transition treatments for minors experiencing…
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Federal Law Prohibiting Individuals Subject to Domestic Violence Order from Receiving or Possessing Firearms Held Unconstitutional by U.S. District Court
United States v. Sherman Kelvin Combs U.S. District Court for the Eastern District of Kentucky Appeal filed on February 23, 2023 Family Court issued a Domestic Violence Order (“DVO”) against Combs after “a hearing of which he received actual notice” and “an opportunity to participate.” The DVO prohibited Combs from “harassing, stalking, or threatening an…
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